Lawsuit Filed Against Wesleyan Fraternity Alleges Rape At Wild Party

MIDDLETOWN — A Wesleyan University student filed a federal lawsuit on Tuesday against the Psi Upsilon fraternity and its Wesleyan chapter, alleging that their negligence allowed her to be raped in the common room of the fraternity house during a party last May.

The lawsuit names Psi Upsilon Fraternity Inc., its Xi Chapter, the former social chairman of the fraternity and the alleged assailant, as well as several unnamed fraternity members, as defendants. The complaint filed Tuesday also demands a jury trial.

Wesleyan University, which expelled the alleged assailant after disciplinary proceedings, is not named as a defendant.

The lawsuit claims that because the fraternity house is on campus and is qualified by the university as "program housing," the organization is responsible for managing their activities to keep residents and guests safe.

According to the complaint, under the university's Community Standards and Residential Regulations, the host of a social event will be held liable for harm caused by its guests.

"This fraternity and its members entered into a contract with Wesleyan University by which it agreed to take steps to ensure the safety of its social guests," said Timothy O'Keefe, attorney for the plaintiff. "The evidence we present in court will demonstrate that it failed to abide by the terms of that agreement. As a result, a young woman was sexually assaulted at its premises. This suit seeks just compensation and accountability for her harms."

According to the complaint, in May 2013 the student was in her freshman year at the university and attended a party at the Psi Upsilon fraternity house at 242 High St. The party was "wildly out of control," fraternity pledges performed a "strip show" and many of the fraternity members and guests were "underage and extremely intoxicated," according to the complaint.

The complaint further alleges that when the student tried to leave the party, she was grabbed by a fraternity member and thrown over the leg of a couch in the house's common room. The fraternity member was naked and raped her in the common room "in the presence of numerous others," according to the complaint.

The student sought out medical assistance and contacted the university's public safety department, the complaint states. She then brought disciplinary proceedings against her alleged assailant through the university, and he was expelled.

The complaint does not indicate whether criminal charges were ever filed.

In a written statement, university President Michael S. Roth said that Wesleyan's internal investigation of the incident led to sanctions against the fraternity and some individual members, as well as the alleged perpetrator's expulsion.

"On behalf of the university community, I want to express our horror at this shameful assault," Roth said.

Roth said the university has not previously spoken publicly about the assault out of concern for the victim's privacy. He added that there are three residential fraternities on campus and while they enjoy some autonomy, all have seen increased scrutiny in the past few years.

"Sexual violence on college campuses is a national problem, and it's important to raise awareness about this issue," Roth said.

According to the complaint, the alleged victim placed herself on leave of absence status from the university and returned home. She has received medical and psychological treatment for damage caused by her assault, the complaint alleges.

The fraternity and its Wesleyan chapter did not return requests for comment Tuesday night.